Head of practice
Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.
Declaration of invalidity of the agreement
The recognition of the agreement as invalid remains relevant in Ukraine, since there are frequent cases of a transaction that contradicts the laws, as well as of unfair behavior, fraud or pressure from counterparties. This procedure helps to protect the rights and interests of citizens and businesses, achieve stability in relations between the parties, ensure the legality of interaction, avoiding legal liability. This mechanism is also an important tool for combating corruption, fraud and other illegal actions.
What agreement can be declared invalid?
The general grounds for invalidity of a contract are defined in the Civil Code of Ukraine. First of all, a contract in the field of civil and economic relations can be terminated if it:
- does not meet the requirements of the current national legislation regarding form, notarial certification, state registration, violates public order, the foundations of morality;
- contains defects in the subject composition, which is expressed in the lack of an appropriate level of legal capacity in the counterparty (a person recognized by the court as incompetent, is a minor) or the lack of proper documentary confirmation of the possibility of concluding a transaction by a person (for example, when a party to the contract is a minor who has not received consent to sign the contract from legal representatives);
- there were defects in the will (expression of will) of the participant in the relationship, the contract was concluded under the influence of error, deception, violence, psychological coercion on the part of the counterparty, a vulnerable situation of the party;
- was concluded without the intention of creating legal consequences or with the intention of concealing another transaction between the parties.
The invalidity of a contract is established only by a court. The only limitation period for challenging such contracts is three years from the date of conclusion. For more detailed information, we recommend that you seek professional advice from one of our lawyers.
Court procedure for declaring a contract invalid
Who can apply to court?
A person whose rights and legitimate interests have been violated as a result of the relevant contract may file a claim. Moreover, the court may also be addressed by the legal representatives of the parties to the contract (guardianship and guardianship authorities) or a lawyer whose powers are confirmed by a certificate and a contract on the provision of legal assistance. Third parties whose rights have been violated in connection with the conclusion of the relevant contract may also join the proceedings.
Documents required to declare a transaction invalid in court
The most important document that a party should prepare is a statement of claim. It is submitted to the court in writing and must contain mandatory details, including: the full name of the plaintiff, the defendant (if known) and third parties involved in the case; the content of the claim; a statement of the circumstances and the provisions of the law by which the plaintiff justifies the invalidity of the agreement and his claims, respectively; an indication of evidence; a calculation of the plaintiff’s legal costs.
The following documents must be attached to the claim:
- a copy of the agreement that the counterparty requests to be declared invalid;
- copies of the statement of claim and the documents attached to it for the defendant and other participants;
- a receipt confirming payment of the court fee;
- documents confirming the authority of the representative;
- documentation confirming the circumstances on which the claims are based (the main evidence in the case). For example, a court
- decision declaring a person incapacitated, expert opinions, witness statements, etc.
How can you avoid cases of invalidation of a contract?
To avoid such cases as much as possible, you need to carefully approach the preparation, conclusion, and execution of a contract. Here are the main preventive measures that the lawyers of the company “Prikhodko & Partners” can offer:
- first, checking the documents to confirm the legal capacity of the parties, in particular their validity;
- second, checking the legality of the subject of the contract, the necessary permits;
- third, a thorough analysis of the legislation to identify requirements for the established form of the contract, its essential conditions, taking into account all important aspects;
- fourth, conducting a preliminary legal audit of the counterparty, if there are reasons to believe that he is concluding a contract with you by deception;
- finally, engaging qualified specialists to receive advice, support in the development and conclusion of the contract.
Thus, the recognition of a contract as invalid is possible in cases where the contracts do not meet the requirements of the law, violate public order or the foundations of morality, have defects in the subject composition and will of the parties. The invalidity of a transaction is recognized exclusively by the court upon the claim of the interested party. To avoid the risks of declaring the transaction invalid, it is recommended to carefully check its parties, the legality of the subject of the transaction, as well as to involve qualified lawyers for consultations and support in the conclusion of important contracts.
Contact the lawyers of Prikhodko & Partners and receive high-quality legal support in cases of recognizing an agreement as invalid. To find out the price of such a service, fill out the form below.
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Is a subscriber form of service possible to quickly resolve issues as they arise?
Yes, of course, we take companies for permanent support.
The subscription form of service allows you to receive a full range of legal services on an ongoing basis for a fixed monthly fee.
Our lawyers will accompany all economic legal relations of your company: from drawing up contracts and solving corporate issues to representing interests during inspections by regulatory bodies and in court disputes.
We have very flexible pricing, so contact us and we will discuss your specific case.
Do you work only in Kyiv?
Fortunately, modern technologies allow us to effectively solve almost any legal issue online regardless of your location. In cases where personal presence is necessary, our lawyers are ready to travel to any point in Ukraine. Moreover, thanks to our network of reliable partners abroad, we can provide legal support even in international cases. Our goal is to provide you with quality legal assistance wherever you are.
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